Open Carry to be heard next week in both House and Senate Pub Safety Committees

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Open Carry to be heard next week in both House and Senate Pub Safety Committees

We met with Senator Barrington, Chairman of the Senate Public Safety Committee on Tuesday. Senator Barrington said he was planning to allow three important bills to be heard on Thursday, February 23rd at 9:30 am. They are:

SB1733 - Sen. Sykes open carry bill (by license).
SB1760 - Sen. Sykes bill to specifically prohibit state or local government from confiscating weapons during times of a declared emergency.
SB1785 - Sen. Russell's bill allowing for reciprocity for non-permitting states.

Last week, OK2A's Legislative Coordinator, Don Spencer, met with Reps. Sue Tibbs and Steve Martin, Chair and Vice Chair of the House Public Safety Committee. Since then, we have been working with Rep. Martin to add language from some of our bills into his open carry bill, HB2522, creating a Second Amendment "omnibus" bill. In addition to licensed open carry, HB2522 now includes Rep. Murphey's bill (HB2193) to include ammo in the statute requiring employers to allow employees with a CWL to leave their weapons locked in their car while at work, Rep. Faught's bill (HB2309) to repeal the requirement for CWL holders to immediately notify police at first contact that they have a weapon (it would become the police officer's responsibility to ask), Rep. Moore's bill (HB2332) allowing for open carry on one's private property. This bill will be heard in the House Public Safety Committee on Wednesday, February 29.

Due to Rep. Tibbs health, it is anticipated that she won't be involved in the meeting next Wednesday. Please say a prayer for her health. In her absence Rep. Steve Martin will act as Chairman of the Committee. Please call or email (calls are better than emails) Rep. Martin and thank him for his work on open carry and politely encourage him to also hear the following bills:

HB2997 - Rep. Newell's car carry bill.
HB2998 - Rep. Newell's bill to reduce the penalty for a CWL holder who carries their weapon into a marked establishment from a crime to a trespass violation.
HB2514 - Rep. Kern's bill restoring the right of the governing bodies of private schools to set their own weapons policies.

Rep. Martin's phone number is (405) 557-7402 and his email address is stevemartin@okhouse.gov. Also call the committee members and ask them to support these bills when they come before them.

Oops...

House PSC Meeting on 2/29

It appears that only HB2416 and HB2522 will be heard in committee this week.

HB2416 allows for casual exposure while concealed carrying. It also creates a new law that would prevent the state or any state agency from being able to confiscate firearms or ammunition during any declared state of emergency.

HB2522 allows anyone with a concealed carry permit to open carry. This bill may also incorporate the following in it (HB2193 - adds ammunition to the parking lot bill, HB2309 - removes requirement to notify an LEO, and HB2332 - allows OC on your own private property for "..any legitimate purpose.")

The House public safety committee meets Wednesday at 10:30 am in room 432-A. Although I won't be able to be there, I will be listening to the streaming audio and will post the results of these bills as soon as they happen.

HB2522 Committee Substitute

The House Public Safety Committee has published the Committee Substitute for HB2522, an Open Carry omnibus bill they will hear on Wednesday.

The big things that change are:

1) The CWL will become a handgun license that will allow you to carry either open or concealed.

2) 1289.6 Conditions under which firearms may be carried
Item Added - For any legitimate purpose on the private property of the person

3) 1289.7a Adds ammunition to the parking lot exemption

4) 1289.24 Firearm Regulation – state preemption
Adds the following language – As provided in the preemption provisions of this section, the otherwise lawful open carrying of a handgun under the provisions of the Oklahoma Self-Defense Act shall not be punishable by any municipality or other political subdivision of this state as disorderly conduct, disturbing the peace or similar offense against public order.

5) 1290.2 Definitions
Adds – “Unconcealed handgun” means a loaded or unloaded pistol carried upon the person in a belt holster that is wholly or partially visible, or carried upon the person in a scabbard or case designed for carrying firearms that is wholly or partially visible

6) 1290.8 Possession of License Required – Notification to Police of Gun
Paragraph B. (existing text) The person shall be required to have possession of his or her valid handgun license and and a valid Oklahoma driver license or an Oklahoma State photo identification at all times when in possession of an authorized pistol.
Adds – “The person shall display the handgun license on demand of a law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity, an individual openly carrying a handgun shall not be disarmed or physically restrained unless the individual fails to display a valid handgun license in response to that demand.”

7)1290.8 Paragraph C. It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession…when the person comes into contact with and is specifically asked by a law enforcement officer…during the course of any arrest, detainment, or routine traffic stop.

Weasel words like "legitimate purpose" should never find their way into the law. They're entirely too subjective, and place honest people at risk of arrest and/or prosecution, if the police and/or prosecutor don't think they have a "legitimate" reason to carry.

Also, how would that bill affect reciprocity? It specifies OK licenses.

Weasel words like "legitimate purpose" should never find their way into the law. They're entirely too subjective, and place honest people at risk of arrest and/or prosecution, if the police and/or prosecutor don't think they have a "legitimate" reason to carry.

Also, how would that bill affect reciprocity? It specifies OK licenses.

Everything with the SDA specifically mentions OK licenses. Then there is a section on reciprocity that states that licenses from other states will be treated as OK licenses.

I'll have to try and place some calls about this tomorrow. I especially don't like that I have to show ID when no crime has been committed. After all, the cops can't stop drivers solely for the reason of checking for DLs.

I will be at the Capitol on Wednesday morning at 9AM, trying to see as many of the public safety committee members as I can. Will anyone be able to meet me there and go with me? 2 or 3 supporters is a lot more effective that just one doofus with an empty holster.

I'll have to try and place some calls about this tomorrow. I especially don't like that I have to show ID when no crime has been committed. After all, the cops can't stop drivers solely for the reason of checking for DLs.

There is time to work on the language later. Right now, we just need to get this out of committee, or it will be dead.

HB2522 - Open Carry

This bill converts the CC permit to a carry permit. It also adds to state preemption so municipalities can not issue public disturbance type fines for OC. LEO can ask to see your permit just because, OC on personal property w/o license for self-defense and self-protection or any other legitimate purpose.

The only thing that was lost was we still must notify LEO on first contact of arrest, detainment or traffic stop. However the fine for failure was reduced to $100.00

We need to work on getting a house amendment to get rid of them being able to just stop and demand our permit. Also is there any law against getting one of those "concealed carry" badges? If they can stop and demand ID then I'll prob just get one of those to keep it in in hopes of at least some cops seeing the badge and thinking I'm another cop and just not bothering me.

We need to work on getting a house amendment to get rid of them being able to just stop and demand our permit. Also is there any law against getting one of those "concealed carry" badges? If they can stop and demand ID then I'll prob just get one of those to keep it in in hopes of at least some cops seeing the badge and thinking I'm another cop and just not bothering me.

I would rethink your statement on having the badge and what I mean is (like you just said) tricking LEO or anyone else into thinking your a cop by having it visible. It isn't the best thing to do. Aside from it being illegal (impersenating a LEO) it's not going to make any difference anyway. Atleast a half dozen times a week where I work (we sell those badges) people make that very same comment. Well 2 other employees, one being upper management are LEO's. They will tell you that having that badge makes no difference as cops can spot a CC badge from a real LOE badge a mile away.

I would rethink your statement on having the badge and what I mean is (like you just said) tricking LEO or anyone else into thinking your a cop by having it visible. It isn't the best thing to do. Aside from it being illegal (impersenating a LEO) it's not going to make any difference anyway. Atleast a half dozen times a week where I work (we sell those badges) people make that very same comment. Well 2 other employees, one being upper management are LEO's. They will tell you that having that badge makes no difference as cops can spot a CC badge from a real LOE badge a mile away.

Ahh but I'm not impersonating an LEO. It isn't my fault if someone doesn't know the difference or mistakes it for an LEO badge and I'm not going around stating that I'm a cop or trying to flash a badge in order to imply that I'm a cop like some people (bounty hunters, PIs, etc) have been known to do. I know some states have laws against wearing a badge like this and so it would be something I would look further into the laws regarding before actually doing it. But it is something I will consider should the law pass with the ability for cops to needlessly hassle those that choose to OC.

HB2522 has been scheduled on the House Calendar. The earliest time it could be heard would be 3/6. This does not mean it will be heard on 3/6, only that it is available to be brought up on or after 3/6.

According to OK2A, HB2522, HB2988, and HB2416 may be heard in Senate committee this week. Link includes contact info for all Senate Public Safety committee members. Lets start the gentle prodding. OK2A Article

Ahh but I'm not impersonating an LEO. It isn't my fault if someone doesn't know the difference or mistakes it for an LEO badge and I'm not going around stating that I'm a cop or trying to flash a badge in order to imply that I'm a cop like some people (bounty hunters, PIs, etc) have been known to do. I know some states have laws against wearing a badge like this and so it would be something I would look further into the laws regarding before actually doing it. But it is something I will consider should the law pass with the ability for cops to needlessly hassle those that choose to OC.

And if I end up being hassled enough by police to want to get a badge that badge would be perfect. It is obviously not a police badge to anyone who takes 2 seconds to look at it would know im not a cop and if/when the police ask why I have it the simple response is "because I wanted easier access to my HWP due to how often you police hassle me for OCing." Should they try to say that I'm "impersonating an officer" I doubt it would stand up in court given how obvious that badge is not a police badge. Plus some humor is always nice.